| 1 | A bill to be entitled |
| 2 | An act relating to immunity from liability; amending s. |
| 3 | 39.203, F.S.; providing that a person is immune from civil |
| 4 | and criminal liability for reporting child pornography to |
| 5 | the Department of Children and Family Services or to a law |
| 6 | enforcement agency; providing that any person suspected of |
| 7 | being involved in the production, distribution, or |
| 8 | possession of child pornography may not be granted |
| 9 | immunity from liability; amending s. 847.0139, F.S.; |
| 10 | providing that a person is immune from criminal liability |
| 11 | for reporting child pornography to a law enforcement |
| 12 | officer; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 39.203, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 39.203 Immunity from liability in cases involving of child |
| 19 | abuse, abandonment, or neglect or reports of child |
| 20 | pornography.-- |
| 21 | (1)(a) Any person, official, or institution participating |
| 22 | in good faith in any act authorized or required by this chapter, |
| 23 | or reporting in good faith any instance of child abuse, |
| 24 | abandonment, or neglect or any incident involving child |
| 25 | pornography to the department or any law enforcement agency, is |
| 26 | shall be immune from any civil or criminal liability that which |
| 27 | might otherwise result by reason of the such action. |
| 28 | (b) Except as provided in this chapter, nothing contained |
| 29 | in this section shall be deemed to grant immunity, civil or |
| 30 | criminal, to any person suspected of having abused, abandoned, |
| 31 | or neglected a child, or having committed any illegal act upon |
| 32 | or against a child, including the production, distribution, or |
| 33 | possession of child pornography. |
| 34 | (2)(a) A No resident or employee of a facility serving |
| 35 | children may not be subjected to reprisal or discharge because |
| 36 | of his or her actions in reporting abuse, abandonment, or |
| 37 | neglect pursuant to the requirements of this section. |
| 38 | (b) Any person making a report under this section shall |
| 39 | have a civil cause of action for appropriate compensatory and |
| 40 | punitive damages against any person who causes detrimental |
| 41 | changes in the employment status of the such reporting party by |
| 42 | reason of his or her making a such report. Any detrimental |
| 43 | change made in the residency or employment status of the such |
| 44 | person, including, but not limited to, discharge, termination, |
| 45 | demotion, transfer, or reduction in pay or benefits or work |
| 46 | privileges, or negative evaluations within a prescribed period |
| 47 | of time shall establish a rebuttable presumption that the such |
| 48 | action was retaliatory. |
| 49 | Section 2. Section 847.0139, Florida Statutes, is amended |
| 50 | to read: |
| 51 | 847.0139 Immunity from civil and criminal liability for |
| 52 | reporting child pornography, transmission of child pornography, |
| 53 | or any image, information, or data harmful to minors to a minor |
| 54 | in this state.--Any person who reports to a law enforcement |
| 55 | officer what the person reasonably believes to be child |
| 56 | pornography, transmission of child pornography, or any image, |
| 57 | information, or data that is harmful to minors to a minor in |
| 58 | this state may not be held civilly or criminally liable for the |
| 59 | such reporting. For purposes of this section, the such reporting |
| 60 | may include furnishing the law enforcement officer with any |
| 61 | image, information, or data that the person reasonably believes |
| 62 | to be evidence of child pornography, transmission of child |
| 63 | pornography, or an image, information, or data that is harmful |
| 64 | to minors to a minor in this state. |
| 65 | Section 3. This act shall take effect July 1, 2004. |